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Esurance DriveSense™ Terms & Conditions

Your participation in the Esurance DriveSense Program is expressly conditioned on your acceptance of these terms and conditions (“Terms”) which shall be deemed accepted by your use of the Esurance DriveSense device. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE DRIVESENSE DEVICE OR VIEW http://www.esurancedrivesense.com/ (“PORTAL”).

About DriveSense

Esurance is offering a usage-based insurance rating program, called DriveSense, which allows customers to potentially save money based on driving behavior.

How It Works. Participating customers will be given a device that plugs into the onboard diagnostics (OBD-II) port on vehicles that are model year 1996 or newer (excluding hybrids and electric vehicles) to collect vehicle-usage information.

The DriveSense device contains GPS technology and records information about how and when the vehicle is driven, including, but not limited to: speed, mileage, time of day, sudden acceleration, hard braking, aggressive cornering, road type (highway versus city streets), and aggressive lane changing. The device also tracks Vehicle Identification Number, G force, as well as when the device is plugged into and unplugged from the vehicle. Devices transmit that data wirelessly to and from Esurance.

Property of Esurance.Devices are the property of Esurance and are provided by us for each vehicle you register for participation in DriveSense. Esurance and its vendors retain all right, title, and interest in and to the DriveSense device and firmware. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the device or firmware, or otherwise attempt to derive the source code of the firmware, except to the extent allowed under applicable law. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to Esurance and is deemed to be the confidential and proprietary information of Esurance.

Returning the Device. Each device must be returned to Esurance once your vehicle is no longer registered for the program and you do not wish to transfer the device to another eligible vehicle on the policy, in the event we have determined additional driving data is not needed or your Esurance auto policy is cancelled. Esurance will email a pre-paid return label for the device to the email on file for use in returning the device. Failure to return the device to us in a timely manner and in good, working condition (normal wear and tear excepted) could result in a charge of up to $100 to your policy account per unreturned device.

Acknowledgement / Vehicle Owner Consent

By participating in DriveSense, you represent that you have the consent of the registered owner of each vehicle in which a device will be plugged to (a) plug in the device, (b) provide information collected by the device to us, and (c) permit us to retain and use the information as described in these Terms. Once the vehicle information is sent to us, the recorded information will be erased from the device. Esurance will retain information collected or derived from the device indefinitely.

DriveSense data may be useful in determining the cause of an automobile accident. If you’re in an accident, you may have a legal obligation to preserve the information on the device. This information may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an accident, or we may be legally obligated to provide such information in response to a subpoena or as otherwise required by law. In the event that you have an insurance claim with us, we will not use the data to resolve the claim without first obtaining your permission or (if not you) the registered vehicle owner’s permission. There may also be instances where we’re required to provide driving information to a state department of insurance in order to support renewal rates.

The device uses a certain amount of current from the battery even when the vehicle is not turned on. Care should be taken in using the device in vehicles that have old or weak batteries, or that may go extended periods without being started.

DriveSense Data

Privacy. We're committed to protecting your privacy and earning your trust, and understand you may have concerns about how we use the DriveSense data we collect. Our commitment to you is detailed in our privacy policy at https://www.esurance.com/legal/privacy-and-security. This information includes, but is not limited to:

information about your use of the Portal;

information that you provide using for the purpose of registering with the Portal (including user name, password, frequency of use);

information about your vehicle, including its performance and its location;

information that you provide for the purpose of subscribing to the Portal services;

and any other information that you send to Esurance.

Esurance may use the Data we collect to:

administer the Portal;

personalize the Portal for you;

publish non-identifiable statistical information about you aggregated with other users on the Portal;

supply you services that you purchase;

enable your access to and use of the Portal services;

supply you with services that you purchase;

send you products that you purchase;

collect payments from you; and

send you marketing communications.

Please know that DriveSense data will not be used to cancel or non-renew your policy. The information collected through the device will be retained for a period of time in accordance with the laws of your state of residence.

DriveSense Pricing. We’ll never raise your rates based on your participation in the program. You may, however, see a change in your premium if your DriveSense discount changes. Your discount is personalized based on your driving habits, which means it could go up and down from term to term. Vehicles are eligible for discounts only if the device is plugged in.

Customers get either a 5% or 10% enrollment discount depending on the state for the first term enrolled in the program. Depending on when the DriveSense devices are installed in the vehicle the discount amount will begin to vary at each renewal term beginning as early as the 2nd term after you’ve enrolled in DriveSense.

Where Esurance discloses your personal or vehicle information to its agents or sub-contractors including those who are agents and service providers, providers of customer support and live-help, marketing, automated data processors, and shipping agents, the agent or sub-contractor is required by contract to keep confidential the information received on behalf of Esurance and may not use such information for any purpose other than to carry out the services they are performing n accordance with these Terms.

Usage and Eligibility Requirements

Enrollment in DriveSense will occur upon completion of the following steps:

you sign up for DriveSense either online or over the phone;

you accept these terms and conditions for participating in the DriveSense program;

you plug in a device in all device compatible vehicles listed on your policy.

If the total time the DriveSense device is connected to a participating vehicle during a policy period is insufficient for Esurance to make a reasonable determination of your driving behavior, or if the pattern of disconnections suggests that reported driving behavior may not be representative of actual behavior, renewal pricing based on DriveSense data for the affected vehicle may be removed for that policy period, or, depending on the pricing model in your state, may not be applied at all.

Account Information. In order to access the DriveSense Portal, you will have to log in with the username and password that was provided by email upon enrollment in the Program. You hereby represent and warrant that the information you provide to Esurance upon registration, and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Esurance by calling 1-888-974-3543. You are solely responsible for your own losses or losses incurred by Esurance and others (including other users) due to any unauthorized use of your account that occur prior to notifying Esurance that your account was compromised.

Use of the Device on Different Vehicles

The rules for transferring the device are as follows:

Replacing Vehicle: The device may not be transferred to a vehicle replacing an existing vehicle on the policy that was registered with DriveSense. The new vehicle must be eligible for DriveSense, meaning the device must be compatible with the new vehicle. A new device will automatically be sent you and you must return the device from your old vehicle. A pre-paid return label will be sent to the email address that is currently on file. (See “Returning the Device” section).

Removing Vehicle: If you remove a vehicle from your policy that was registered for DriveSense, you must return the device to Esurance. (See “Returning the Device” above).

Communications

We will periodically send you reminders and other information by email and/or phone while you are participating in Esurance DriveSense.

Ending Your Enrollment in DriveSense

You may end your enrollment in the DriveSense program at any time, and return to our traditional rating program.

LICENSE TO USE THE PORTAL

Use of Materials: Upon your agreement to these Terms, which shall be deemed accepted by your use of the Esurance DriveSense device, Esurance grants you the right to view the Portal and to download information from this Portal for your personal, non-commercial use. You are not authorized to use the materials for any other purpose. If you do download or otherwise reproduce the materials from this Portal, you must reproduce all of Esurance’s proprietary markings, such as copyright and trademark notices, in the same form and manner as the original.

No Harmful Use: In exchange for our permission to use this Portal, you agree that you will not do anything to harm the functioning or content of the Portal. You will not attempt to upload, insert or change any information or image to or on this Portal, except for providing information where prompted by the Portal. You agree that you will not take any action that imposes an unreasonably or disproportionately large load on the Portal or interferes with its functioning. You also agree that you will not use any false identity when interacting with the Portal, or do anything that is fraudulent, obscene, libelous or legally prohibited.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Portal or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Portal.

INDEMNITY: YOU AGREE THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS ESURANCE, ITS CUSTOMERS, SUPPLIERS AND JOINT VENTURE PARTNERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES AND AGENTS FOR AND AGAINST ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE PORTAL IN BREACH OF THESE TERMS OR IN VIOLATION OF THE LAW. IF ESURANCE TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR AND WILL PAY ALL OF ESURANCE’S LEGAL FEES IN CONNECTION WITH SUCH ACTION.

Esurance’s Remedies: In addition to any other remedies it may have at law, Esurance may, in its sole discretion and without notice, terminate your access to this Portal and/or block your future access to the Portal, if we determine or suspect that you have violated the terms of this Agreement.

DISCLAIMERS

No Damages: We attempt to provide timely and accurate information on the Portal. However, because we may have made inadvertent errors and because information may become inaccurate over time, WE CANNOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION ON THE PORTAL. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PORTAL AND THE INTERNET GENERALLY. THE MATERIALS AND INFORMATION ON THE PORTAL ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. YOU AGREE THAT ESURANCE’S LIABILITY FOR DAMAGES CAUSED BY THE DEVICE SHALL BE LIMITED TO PROPERTY DAMAGE TO THE VEHICLE IN WHICH IT IS PLUGGED IN. FURTHER, ESURANCE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BODILY INJURY OR DAMAGE TO OTHER VEHICLES OR PROPERTY, CAUSED BY OR RESULTING FROM THE DEVICE HAVING BEEN PLUGGED INTO THE VEHICLE.

IN NO EVENT WILL ESURANCE, ITS OFFICERS OR DIRECTORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICE, PORTAL DEVICE, CONTENT, THIRD PARTY MATERIALS; OR (II) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT. WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF ESURANCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ESURANCE, ITS OFFICERS OR DIRECTORS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN ONE HUNDRED DOLLARS ($100).

Changes: Esurance reserves the right to change the DriveSense Program, the Portal, including these Terms, without notice, at any time. Esurance reserves the right to delete any materials or information posted on the Portal by users. That being said, Esurance does not guarantee that it will change or update the Portal or that all information on the Portal will be up to date at any particular time. Continued participation by you will constitute your acceptance of any revisions to these Terms.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Any judicial action or proceeding between the parties relating to these Terms must be brought in the courts of the State of California or the United States District Court for San Francisco.

MISCELLANEOUS

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated, to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire and exclusive agreement between you and Esurance with regard to your use of the Device and Portal and any and all other written or oral agreements or understanding previously existing between you and Esurance with respect to such use are hereby superseded and cancelled. Esurance’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Esurance of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Esurance and you or any other party be deemed to modify any provision of these Terms.